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RELATING  TO 


Primary  Elections 


ILLINOIS 


IN  FORCE  JULY  1,  1906 


Published  by 
JAMES  A.  ROSE,  Secretary  of  State 


SPRINGFIELD: 
ILLINOIS  STATE  JOURNAL  Co.,  STATE  PRINTERS 

1906 


; 


PRIMARY  ELECTIONS. 


§  1.  What  candidates  shall  be  nomin- 
ated at  primaries — exemptions 
— political  party  defined. 

§     2.     Delegate    districts — how    formed. 

§  3.  Delegate  districts — further  provi- 
sions. 

§  4.  Date  of  primaries — opening  and 
closing  of  polls — privileges  of 
voters. 

§  5.  State,  senatorial  and  congres- 
sional conventions — calls  for — 
number  of  delegates — duties  of 
committees. 

§  6.  Notice  of  primary — duty  of  county 
clerks  and  election  judges. 

§  7.  Election  judges  and  clerks  are 
primary  judges  and  clerks — 
vacancies — liabilities. 

§     8.     Challengers  provided  for. 

§  9.  Polling  places  and  polling  booths 
— regulations  concerning. 

§  10.  Ballot  boxes,  poll  books,  etc.,  to 
be  supplied  by  county  clerks. 

§  11.     Poll  book — form  prescribed. 

§  12.     Tally   Sheet — form    prescribed. 

§  13.     U.   S.   Senator— duty  of  candidate. 

§  14.     State  officers — duty  of  candidates. 

§  15.  Representative  in  Congress — State 
Board  of  Equalization — duty  of 
candidates. 

§  16.  General  Assembly— duty  of  can- 
didates. 

§  17.  County  officers — duties  of  candi- 
dates. 

§  18.  Petition — form  prescribed — peti- 
tions now  on  file. 

§  19.  Petitions — duty  of  Secretary  of 
State. 

§  20.  Ballots — -"official  primary  ballot" 
— "delegate  ballot." 

§  21.  Ballots — how  provided  —  sample 
ballots. 

§  22.  Ballots — what  names  shall  appear 
on. 

§  23.     Ballot — size,  color,  etc.,  regulated. 

§  24.     Ballot — form  prescribed. 

§  25.     Endorsements  prescribed. 

§  26.  Ballots — county  clerks  shall  de- 
liver to  primary  judges. 

§  27.     Ballots — delivery  and    receipt. 

§  28.     Ballots — surplus    for  •  emergency. 

§  29.     Delegate    ballot — form    prescribed. 

§  30.     Delegate  ballots — duty  of  judges. 

§  31.  Opening  and  closing  polls — pro- 
clamation. 

§  32.     Ballot  box — regulation  concerning. 


§  33.     Qualification   of  voters. 

§  34.     Duties  of.  voters. 

§  35.  Affidavit  of  challenged  voter — 
form  prescribed. 

§  36.     Ballot— -how  prepared. 

§  37.     Ballot— how  voted. 

§  38.     Voter  may  receive  assistance. 

§  39.  Adjournment  and  recess  pro- 
hibited. 

§  40.     Canvass  shall  be  at  polling  place. 

§  41.  Canvass— defective  ballots  —  re- 
turn of  unused  ballots — record. 

§42.     Canvass — further  provisions. 

§  43.     Canvass — how  conducted. 

§  44.  Canvass — tally  sheets  and  poll 
books — how  made  up. 

§  45.  Ballots — defective  and  objected 
to — how  disposed  of. 

§  46.     Poll  books— how  disposed  of. 

§  47.  Return  to  county  clerks — duty  of 
county  clerks — certificate  to 
delegates — form  prescribed. 

§  48.  Canvassing  board — how  consti- 
tuted— duties  prescribed. 

§  49.  Canvassing  board — further  duties 
prescribed. 

§  50.  Plurality  vote  -for  candidate — 
effect  of — majority  vote  of  dele- 
gates in  convention. 

§  51.  State  canvassing  board— Secretary 
of  State — duties  prescribed. 

§  52.  Expenses  of  primaries — how  met 
— pay  of  judges  and  clerks  fixed. 

§  53.  Conventions,  county,  senatorial, 
congressional  and  State — dates 
fixed. 

§  54.  Conventions  —  chairman  —  other 
officers. 

§  55.  Conventions  —  delegates— vacan- 
cies. 

§  56.     Proxies  prohibited. 

§  57.  Nomination  certificates  —  form — 
filing. 

§  58.     Vacancies  provided  for. 

J5  59.  Vacancy  in  office — special  elec- 
tions. 

§  60.     Contests  regulated. 

§  61.  Offenses  enumerated  and  penalties 
fixed. 

§  62.  Evidence  in  prosecutions  and  con- 
tests— duty  of  custodians  of 
ballots,  etc. 

§  63.  Irregularities  no  defense  in  pro- 
secutions. 

§  64.     Repeal. 


AN  ACT  to  provide  for  the  holding  and  the  regulation  of  primary  elections 
of  delegates  to  nominating  conventions,  for  the  holding  of  such  conventions, 
filling  vacancies  and  fixing  penalties  for  the  violation  of  the.  provisions 
thereof. 

SECTION  1.  Be  it  enacted  ly  the  people  of  the  State  of  Illinois  represented 
in  the  General  Assembly:  That  hereafter  the  nominations  of  all  candidates 
for  all  elective  State  and  county  offices,  clerks  of  the  Appellate  Courts,  Repre- 
sentatives in  Congress,  Members  of  the  State  Board  of  Equalization,  Members 
of  the  General  Assembly,  Sanitary  District  Trustees,  and  such  municipal 
officers  as  are  to  be  elected  at  the  November  election,  by  all  political  parties, 
shall  be  made  by  conventiors  of  delegates  to  be  elected  by  means  of  a  primary 


257184 


election  'under  "the  provisions  of  this  act.  This  act  shall  not  apply  to  the 
nomination  of  candidates  for  county  commissioners  in  counties  not  under 
township  organization  and  township  officers.  The  title  "political  party"  shall 
mean  a  party  which  at  the  last  preceding  presidential  election,  cast  for  its 
candidate  for  presidential  elector  receiving  the  highest  number  of  votes  at 
least  two  per  cent  of  the  total  vote  cast  at  said  election. 

Section  2.  The  County  Central  Committee  of  each  political  party  shall 
designate  and  establish  delegate  districts  in  their  respective  counties  on  or 
before  the  third  day  of  July,  A.  D.  1906,  and  on  or  before  the  first  day  of 
March,  A.  D.  1909,  and  every  four  years  thereafter.  Such  delegate  district 
shall  consist  of  not  more  than  seven  (7)  contiguous  election  precincts  or 
election  districts  in  as  compact  a  form  as  possible,  as  now  established  or  that 
may  hereafter  be  established  for  the  purpose  of  a  general  election,  and  shall 
contain,  as  near  as  may  be,  and  not  exceeding  eight  hundred  (800)  voters  of 
any  one  political  party,  for  the  purpose  of  electing  delegates  to  a  State, 
Congressional,  Senatorial,  County  or  Sanitary  District,  and  a  Municipal  Con- 
vention for  the  nomination  of  such  municipal  officers  as  are  to  be  elected  at 
the  November  election. 

Section  3.  No  delegate  district  for  the  election  of  delegates  to  any  County 
Convention  shall  consist  of  a  larger  area  than  one  political  town  as  now 
organized  by  law,  or  of  a  larger  area  than  a  Congressional  township  in  coun- 
ties not  under  township  organization.  Separate  delegate  districts  may  be 
established  for  the  purpose  of  selecting  delegates  to  county  conventions,  mak- 
ing such  delegate  districts  as  nearly  equal  as  practicable,  having  in  view  the 
number  of  party  voters  in  such  districts. 

Section  4.  Primary  elections  under  this  act  shall  be  held  in  each  delegate 
district  at  the  regularly  established  polling  places  in  the  various  precincts  for 
holding  general  elections  on  the  first  Saturday  in  August,  A.  D.  1906,  and  on 
the  last  Saturday  in  April,  A.  D.  1908,  nnd  every  two  years  thereafter.  The 
rolls  shall  open  and  close  at  the  same  hours  as  provided  in  the  general  elec- 
tion laws  for  the  opening  and  closing  of  the  polls  at  general  elections.  Any 
person  entitled  to  vote  at  such  primary  elections  shall,  on  the  day  of  such 
election,  be  entitled  to  absent  himself  from  any  service  or  employment  in 
which  he  is  then  engaged  or  employed  for  a  period  of  two  hours  between 
the  time  of  opening  and  closing  the  polls,  and  such  voter  shall  not,  because 
of  so  absenting  himself,  be  liable  to  any  penalty  nor  shall  any  deduction  be 
made,  on  account  of  such  absence,  from  his  usual  salary  or  wages:  Provided, 
however,  that  application  for  such  leave  of  absence  shall  be  made  prior  to 
the  day  of  the  primary.  The  employer  may  specify  the  hours  during  which 
said  employe  may  absent  himself. 

Section  5.  At  least  thirty-three  days  before  a  primary  election  the  State, 
Congressional,  and  Senatorial  committee,  respectively,  of  each  political  party 
shall  file  in  the  office  of  the  county  clerk  of  the  county  within  which  the 
primary  is  to  be  held,  or  with  the  Board  of  Election  Commissioners,  a  call 
for  the  State,  Congressional,  and  Senatorial  conventions.  Said  call  shall 
state  among  other  things,  the  time  and  place  of  holding  the  State,  Congres-. 
sional,  and  Senatorial  conventions,  respectively,  the  total  number  of  delegates 
which  shall  compose  each  of  said  conventions,  and  the  call  for  the  State 
convention  shall  state  the  number  of  delegates  that  each  county  is  entitled 
to  in  the  State  convention;  and  the  call  for  the  Congressional  and  Senatorial 
conventions  shall  state,  among  other  things,  the  number  of  delegates  to  which 
each  county,  or  political  sub-division  of  any  county,  as  the  case  may  be,  is 
entitled  to  in  the  respective  Congressional  and  Senatorial  convention;  and 
the  call  for  the  County  convention  shall  be  filed  in  the  office  of  the  county 
clerk  of  the  county  within  which  the  primary  is  to  be  held,  or  with  the  Board 
of  Election  Commissioners,  at  least  thirty  (30)  days  before  a  primary  elec- 
tion, said  call  shall  also  state,  among  other  things,  the  number  of  delegates 
that  each  delegate  district  is  entitled  to  in  the  State,  Congressional,  Sena- 
torial, County,  Sanitary  District,  Municipal  convention  for  the  nomination  of 
such  municipal  officers  as  are  to  be  elected  at.  the  November  election,  respec- 
tively, which  said  calls  shall  each  be  signed  by  the  chairman  and  attested  by 


the  secretary  of  the  respective  committees.  The  number  of  delegates  from 
each  of  the  several  delegate  districts  shall  be  apportioned  equally  to  the 
number  of  votes  of  such  political  party  in  each  such  district  as  shown  by  the 
last  preceding  presidential  election  returns.  In  case  there  shall  be  in  any 
Congressional  or  Senatorial  district,  or  in  any  county,  more  than  one  com- 
mittee claiming  to  be  the  regular  central  committee  of  such  district  or 
county,  then,  and  in  that  case,  the  central  committee  selected  by  the  conven- 
tion, whose  candidates  were  placed  on  the  official  ballot  in  1904,  shall  be 
recognized  as  the  central  committee  authorized  to  make  the  call  under  this 
act  in  the  year  1906. 

Section  6.  At  least  five  days  before  each  primary  election,  the  county 
clerk  of  each  county,  or  where  there  is  a  board  of  election  commissioners, 
such  board  shall  prepare  a  printed,  or  partly  printed  and  partly  written 
notice  of  such  primary  election  for  each  delegate  district  in  such  county, 
which  notice  shall  state  the  name  of  the  political  party  calling  the  primary, 
the  time  and  places  of  holding  the  primary  election,  the  hours  during  which 
the  polls  shall  be  open,  the  various  conventions  to  compose  which  delegates 
are  to  be  chosen  at  such  primary  election,  and  shall  also  mail  two  copies  of 
such  notice  to  each  primary  election  judge,  duly  addressed  to  his  residence 
or  place  of  business.  It  shall  be  the  duty  of  each  primary  election  judge  to 
post  both  of  said  notices  in  a  public  and  conspicuous  place  in  his  election 
precinct  at  least  three  days  prior  to  such  primary  election. 

Section  7.  The  judges  and  clerks  of  the  general  election  in  ea?h  election 
precinct,  or  election  district,  as  the  case  may  be,  shall  be  and  are  hereby 
constituted  judges  and  clerks  of  all  primary  elections  in  their  respective 
precincts;  no  more  than  two  of  such  judges  and  clerks,  and  where  there  is  a 
board  of  election  commissioners,  no  more  than  one  such  clerk,  shall  be 
affiliated  with  the  same  political  party.  If  at  the  time  -for  the  opening  of  a 
primary  election,  one  or  two  of  the  primary  judges  or  clerks  are  absent  or 
refuse  to  act,  the  judge  or  judges  present,  as  the  case  may  be,  shall  appoint 
some  qualified  primary  elector  or  electors  in  such  precinct  of  the  same  politi- 
cal parties,  to  fill  such  vacancy  or  vacancies.  If  all  of  the  judges  be  absent 
or  refuse  to  act  the  primary  electors  present,  residing  in  the  election  precinct 
shall  elect  three  of  their  number  to  act  as  such  primary  judges.  The  persons 
so  elected  must  be  of  the  same  political  party  and  of  like  number,  as  those 
persons  whose  places  they  are  selected  to  fill.  The  judges  and  clerks  so 
selected  and  appointed,  shall  have  the  same  powers,  perform  the  same  duties, 
and  be  subject  to  the  same  penalties  as  regularly  constituted  primary  election 
judges  and  clerks. 

All  persons  actually  serving  as  judges  and  clerks  at  any  primary  election, 
whether  sworn  in  or  not,  shall  be  deemed  to  be,  and  are  hereby  declared  to 
be,  officers  of  the  county  court  of  the  respective  county;  and  such  persons 
shall  be  liable  to  punishment  by  such  court  in  a  proceeding  for  contempt  for 
any  misbehavior  as  such  judge  or  clerk,  to  be  tried  in  open  court  on  oral 
testimony,  in  a  summary  manner,  without  written  pleadings;  but  such  trial 
or  punishment  for  contempt  of  court  shall  not  be  any  bar  to  any  criminal 
proceedings  against  such  primary  judges  or  clerks  for  any  violation  of  this 
Act. 

Section  8.  The  judges  of  election  shall  permit  each  different  ticket  of 
delegates  to  be  represented  by  a  challenger,  chosen  by  a  majority  of  those 
named  for  delegates  on  such  ticket.  Such  challengers  shall  be  protected  in 
the  discharge  of  their  duties  by  the  judges  of  such  primary  election  and  peace 
officers;  and  shall  be  permitted  to  remain  within  the  polling  place  in  such 
position  as  will  enable  them  to  see  each  person  as  he  offers  his  vote,  and  said 
challenger  may  remain  within  the  polling  place  throughout  the  canvass  of 
the  vote,  and  until  the  returns  are  signed.  All  challengers  shall  be  qualified 
electors  in  their  respective  precincts,  and  shall  have  the  same  powers  as 
challengers  at  general  elections. 

Section  9.  All  officers  upon  whom  is  imposed  by  law  the  duty  of  designat- 
ing and  providing  polling  places  for  general  elections  shall  provide  in  each 
such  polling  place  so  designated  and  provided,  a  sufficient  number  of  booths 


for  such  primary  election;  which  booths -shall  be  provided  with  shelves,  such 
supplies  and  pencils  as  will  enable  the  voter  to  prepare  his  ballot  for  voting 
and  in  which  voters  may  prepare  their  ballots  screened  from  all  observation 
as  to  the  manner  in  which  they  do  so;  and  the  guard  rail  shall  be  so  con- 
structed and  placed  that  only  such  persons  as  are  inside  said  rail  can  ap- 
proach within  six  feet  of  the  ballot  box  and  of  such  voting  booths.  The 
arrangement  shall  be  such  that  the  voting  booths  can  only  be  reached  by 
passing  within  said  .guard  rail.  Snch  booths  shall  be  within  plain  view 
of  the  election  officers,  and  both  they  and  the  ballot  boxes  shall  be  within 
plain  view  of  those  outside  the  guard  rh.il.  No  person  other  than  the  election 
officers  and  the  challengers  allowed  by  law,  and  those  admitted  for  the  pur- 
pose of  voting  as  hereinafter  provided,  shall  be  permitted  within  the  guard 
rail,  except  by  authority  of  the  election  officers  to  keep  order  and  enforce 
the  law.  The  number  of  such  voting  booths  shall  not  be  less  than  one  to 
every  seventy-five  voters  or  fraction  thereof  who  voted  at  the  last  preceding 
election  in  the  precinct  or  election  district. 

Section  10.  The  County  Clerk  of  each  county,  or  the  Board  of  Election 
Commissioners,  as  the  case  may  be,  shall  prepare  and  deliver  to  the  judges 
of  each  election  precinct  or  election  district,  one  regular  election  ballot  box, 
two  lists  of  registered  voters,  wherever  such  lists  are  printed,  and  two 
registry  poll  books  for  such  precinct  or  district,  also  sufficient  poll  books, 
tally  sheets,  blank  affidavits,  oaths,  statement  of  votes,  and  all  other  blanks, 
papers  and  supplies  necessary  to  carry  out  the  provisions  of  this  Act. 

Section  11.  The  registry  poll  books  shall  be  substantially  in  the  following 
form: 

REGISTRY  POLL  BOOK. 

Of  a  primary  election  to  be  held  in  the Precinct  or  election  dis- 
trict in  the -.  . .  delegate  district  of  the  of 

County  of on  the day  of  A.  D 

Party  Affiliation. 


1 

0 

CO 

CM    > 

d 

'S 

0 

Name 

Residence 

8 

C8 

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« 

of  voter 

Street  and  Number 

g 

2 

cc 

g 

2 

9 

3 

.5 

— 

pj 

o 

'o 

fc 

P§ 

Q 

i 

1 

John  Jones 

X 

2 

Richard  Smith 

X 

! 

3 

John  Doe 

x 

4 

Richard  Roe 

X 

] 

5 

Chas.  Lee 

X 

1 

This  is  to  certify  that  the  above  and  foregoing  is  a  correct  list  of  primary 

voters  at  a  primary  election  held  on  the day  of  A.  D. 

,  in  the precinct  or  election  district,  in  the 

delegate  district of county  of and  State  of 

Illinois.  That  at  said,  primary  election  the  undersigned  judges  and  clerks 
served  as  required  by  law  and  are  entitled  to  pay  therefor. 

Dated.  .  ,  190. .. 


Clerks  of  Primary  Election. 


Judges  of  Primary  Elections 


Said  registry  poll  books  shall  otherwise  be  in  form  and  shall  contain  the 
same  certifications  as  nearly  as  may  be  as  the  poll  books  used  in  the  regular 
election;  and  shall  be  signed  and  attested  in  the  same  manner,  as  nearly  as 
may  be,  as  poll  books  used  for  the  purposes  of  regular  election. 

Section  12.  The  tally  sheets  for  each  political  party  participating  in  the 
primary  election  shall  be  substantially  in  the  following  form: 

"Tally  sheets  for (Name  of  political  party)  for  the 

precinct  or  election  district,  in  the delegate  district,  in  the 

of county  of ,  for  a  primary 

election  held  on  the day  of ; A.  D.  19 " 

The  names  of  the  delegates  shall  be  placed  on  the  tally  sheets  of  each 
political  party  by  the  primary  clerks  in  the  order  in  which  they  appear  on 
the  primary  ballot. 

Section  13.  Any  member  of  a  political  party  desiring  or  intending  to  be- 
come a  candidate  for  the  office  of  United  States  Senator  shall  have  his  name 
printed  upon  the  official  primary  ballot  of  his  party  in  each  delegate  district 
by  filing  in  the  office  of  the  Secretary  of  State  not  less  than  thirty  days  be- 
fore the  date  of  the  primary  election  a  request  in  writing  therefor,  and  the 
Secretary  of  State  shall,  not  less  than  twenty-five  days  prior  to  the  date  of 
the  primary  election,  certify  to  the  county  clerk  of  each  county,  and  Board 
of  Election  Commissioners,  where  such  board  exists,  the  names  of  all  candi- 
dates for  United  States  Senator,  stating  in  such  certificate  the  political  affil- 
iation of  such  candidate.  The  vote  upon  candidates  for  United  States  Senator 
shall  be  had  for  the  sole  purpose  of  ascertaining  the  sentiment  of  the  voters 
in  the  respective  parties. 

Section  14.  Any  candidate  for  nomination  for  an  elective  State  office,  ex- 
cept Trustees  of  the  State  University,  shall  have  his  name  printed  upon  the 
official  primary  ballot:  Provided,  at  least  thirty  (30)  days  prior  to  the  date 
fixed  by  law  for  the  primary  election,  he  shall  file  a  petition  in  the  office  of 
the  Secretary  of  State,  signed  by  at  least  1,000  qualified  primary  electors  of 
his  party. 

Section  15.  Any  candidate  for  nomination  for  Representative  in  Congress, 
or  for  member  of  the  State  Board  of  Equalization,  shall  have  his  name  printed 
upon  the  official  primary  ballot:  Provided,  at  least  thirty  (30)  days  prior  to 
the  date  fixed  by  law  for  the  primary  election,  he  shall  file  in  the  office  of  the 
Secretary  of  State  a  petition  signed  by  at  least  two  (2)  per  cent  of  the 
qualified  primary  electors  of  his  party  in  his  congressional  district. 

Section  16.  Any  candidate  for  nomination  for  member  of  the  General  As- 
sembly shall  have  his  name  printed  upon  the  official  primary  ballot:  Pro- 
vided, at  least  thirty  (30)  days  prior  to  the  date  fixed  by  law  for  the  primary 
election,  he  shall  file  in  the  office  of  the  Secretary  of  State  a  petition  signed 
by  at  least  two  (2)  per  cent  of  the  qualified  primary  electors  of  his  party 
in  his  senatorial  district. 

Section  17.  Any  candidate  for  county  judge,  county  clerk,  judge  of  the 
probate  court,  clerk  of  the  probate  court,  clerk  of  the  circuit  court,  recorder 
of  deeds,  county  treasurer,  county  superintendent  of  schools,  county  surveyor, 
sheriff,  coroner  and  State's  attorney,  shall  have  his  name  printed  upon  the 
official  primary  ballot:  Provided,  at  least  thirty  (30)  days  prior  to  the  date 
fixed  by  law  for  the  primary  election  he  shall  file  in  the  office  of  the  county 
clerk  of  his  county  a  petition  signed  by  at  least  two  (2)  per  cent  of  the  quali- 
fied primary  electors  of  his  party  in  his  county. 

Section  18.  All  petitions  required  under  this  Act  shall  consist  of  sheets  of 
uniform  size,  and  each  sheet  shall  contain  above  the  space  for  signatures  an 
appropriate  heading  giving  the  information  as  to  name  of  candidate  or  candi- 
dates, in  whose  behalf  such  petition  is  signed;  the  office,  the  political  party 
represented,  place  of  residence,  and  such  other  information  or  wording  as 
required  to  make  same  valid;  and  the  heading  of  each  sheet  shall  be  the 
same.  Such  petitions  shall  be  signed  by  qualified  voters  in  their  own  proper 
persons  only,  and  opposite  the  signature  of  each  signer  his  residence  address 
shall  be  written  (and  if  a  resident  of  a  city  having  a  population  of  over  10,000, 
by  the  then  last  preceding  federal  census,  the  street  number  of  such  residence 
shall  be  given.)  No  signature  shall  be  valid  or  be  counted  in  considering  the 


validity  or  sufficiency  of  such  petition  unless  the  requirements  of  this  section 
are  complied  with,  except  as  herein  otherwise  provided.  At  the  bottom  of  each 
sheet  of  such  petition  shall  be  added  a  statement,  signed  by  an  adult  resident 
of  the  political  division  for  which  the  candidate  is  seeking  a  nomination, 
stating  his  residence  address  (and  if  a  resident  of  a  city  having  a  population 
of  over  10,000  by  the  then  last  preceding  federal  census,  also  stating  the 
street  and  number  of  such  residence,)  certifying  that  the  signatures  on  that 
sheet  of  said  petition  were  signed  in  his  presence,  and  are  genuine;  and  that 
to  the  best  of  his  knowledge  and  belief  the  persons  so  signing  were  at  the 
time  of  signing  said  petition  qualified  voters  of  the  political  party  for  which 
a  nomination  is  sought,  and  in  cities,  villages  and  incorporated  towns  in 
which  voters  are  or  may  be  required  to  be  registered  as  a  condition  precedent 
to  the  right  to  vote  at  general  elections,  then  only  such  registered  voters 
shall  be  qualified  to  sign  any  such  petition  or  petitions.  Such  statement  shall 
be  sworn  to  before  some  officer  of  the  county  in  which  the  person  making  such 
statement  resides,  authorized  to  administer  oaths  therein.  Such  sheets,  being 
filed,  shall  be  neatly  fastened  together  in  book  form,  by  placing  the  sheets  in 
a  pile  and  fastening  them  together  at  one  edge  in  a  secure  and  suitable  man- 
ner, and  the  sheets  shall  then  be  numbered  consecutively.  The  sheets  shall 
not  be  fastened  by  pasting  them  together,  end  to  end,  so  as  to  form  a  contin- 
uous strip  or  roll.  Said  petition,  when  filed,  shall  not  be  withdrawn  or  added 
to,  and  no  signatures  shall  be  revoked  except  by  revocation  filed  in  writing 
with  the  clerk  or  other  proper  officer  with  whom  the  petition  is  required  to 
be  filed,  and  before  the  filing  of  such  petition.  Whoever,  in  making  the  sworn 
statement,  above  prescribed,  shall  knowingly,  wilfully  and  corruptly  swear 
falsely,  shall  be  deemed  guilty  of  perjury,  and  on  conviction  thereof  shall  be 
punished  accordingly.  Whoever  forges  any  name  of  a  signer  upon  any  peti- 
tion required  by  this  Act,  shall  be  deemed  guilty  of  a  forgery,  and  on  convic- 
tion thereof  shall  be  punished  accordingly. 

If,  prior  to  the  taking  effect  of  this  Act,  any  candidate  for  the  nomination 
for  any  office  for  which  petitions  are  required  to  be  filed  by  this  Act,  and  to  be 
filled  at  the  general  election  to  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  November,  A.  D.  1906,  shall  have  filed  petitions  with  the  Secretary 
of  State  or  with  the  County  Clerk  of  any  of  the  counties  of  the  State,  the  same 
shall  be  deemed  and  held  to  be  good  and  valid,  and  a  sufficient  compliance 
with  the  requirements  of  this  Act. 

Petitions  of  candidates  for  nomination  for  offices  herein  specified,  to  be 
filed  with  the  same  officer,  may  contain  the  names  of  two  or  more  candidates 
of  the  same  political  party  for  the  same  or  different  offices,  and  shall  be  in 
substantially  the  following  form: 

"We,  the  undersigned,  members  of  and  affiliated  with  the party 

and  qualified  electors  of  said party,  in  the  county  of and 

State  of  Illinois,  do  hereby  petition  that  the  following  named  person  or  per- 
sons shall  be  a  candidate  or  candidates  of  the party  for  the  nom- 
ination for  the  office  or  offices  hereinafter  specified,  to  be  voted  for  at  the 
primary  election  to  be  held  on  the day  of A.  D 


Name. 

Office. 

Address. 

John  Jones 
Thomas  Smith 

Governor 
Sheriff 

Belvidere,  Illinois. 
Oakland,  Illinois. 

Name Address  

State  of  Illinois,  ) 
County,  f<™ 

I,  ,  do  hereby  certify  that  I  am  upwards  of  the  age  of 

twenty-one  years,  that  I  reside  at  No street,  in  the of 

County  of and  State  of  Illinois,  and  that  the  signa- 
tures on  this  sheet  were  signed  in  my  presence,  and  are  genuine,  ar.d  that  to 


the  best  of  my  knowledge  and  belief  the  persons  so  signing  were  at  the 
time  of  signing  said  petition  qualified  voters,  and  that  their  respective  resi- 
dences are  correctly  stated,  as  above  set  forth. 


State'  of  Illinois,  ) 

County,   f  Sk 

being  duly  sworn  on  his  oath,  deposes  and  says  that  the 

statements  made  by  him  in  the  foregoing  certificate  by  him  signed,  are  true 
in  manner  and  form  as  therein  stated. 


Subscribed  and  sworn  to  before  me,  this •.  day  of A.  D. 

19.. 


Section  19.  Not  less  than  twenty-five  (25)  days  prior  to  the  date  of  the 
primary  election,  the  Secretary  of  State  shall  certify  to  the  County  Clerks,  or 
Boards  of  Election  Commissioners,  as  the  case  may  be,  of  each  county,  the 
names  of  all  candidates  for  United  States  Senator,  and  all  candidates  for  the 
nomination  for  all  State  officers,  as  specified  in  this  Act  and  in  the  petitions 
on  file  in  his  office,  together  with  the  names  of  all  candidates  for  the  nomina- 
tion for  Representative  in  Congress,  members  of  the  State  Board  of  Equaliza- 
tion and  members  of  the  General  Assembly  which  are  to  be  voted  for  in  such 
county,  stating  in  such  certificates  the  political  affiliation  of  each  candidate 
for  the  nomination,  as  specified  in  said  petition. 

Section  20.  At  such  primary  election  the  method  of  voting  shall  be  by 
ballot.  Two  forms  of  ballots  shall  be  used.  One  form  of  ballots  shall  be 
known  and  designated  as  the  "Official  Primary  Ballot,"  and  shall  be  printed 
and  distributed  at  public  expense,  as  hereinafter  provided.  The  other  form 
of  ballot  shall  be  known  and  designated  as  the  "Delegate  Ballot,"  and  shall 
be  furnished  at  private  expense.  No  "Delegate  Ballot"  shall  be  furnished  at 
public  expense. 

Section  21.  The  county  clerk  of  each  county,  or  the  Board  of  Election 
Commissioners,  as  the  case  may  be,  shall  prepare  and  cause  to  be  printed  the 
"Official  Primary  Ballot"  of  each  political  party  for  each  delegate  district  in 
his  or  their  respective  county  or  jurisdiction,  and  he  or  they  shall  also  ten 
(10)  days  prior  to  the  date  of  the  primary  print  and  freely  distribute  at  pub- 
lic expense  a  sufficient  number  of  "Sample  Ballots"  to  meet  the  public  demand, 
the  same  to  be  printed  on  paper  of  the  same  color  or  tint  as  the  "Official  Pri- 
mary Ballot"  of  the  respective  party,  and  printed  thereon  shall  be  the  words 
"Sample  Ballot,"  in  large  capital  letters,  and  no  such  sample  ballot  shall  be 
voted  or  counted  at  the  primary  of  any  political  party. 

Section  22.  It  is  hereby  made  the  duty  of  the  county  clerk  or  the  Board 
of  Election  Commissioners,  as  the  case  may  be,  in  each  county  to  cause  to 
be  printed  upon  the  official  primary  ballot  of  each  political  party  for  each 
delegate  district  in  his  or  their  county  or  jurisdiction,  the  name  of  each 
candidate  whose  petition  has  been  filed  in  his  or  their  office,  as  herein  pro- 
vided; and  also  the  name  of  each  candidate  whose  name  has  been  certified  to 
his  or  their  office  by  the  Secretary  of  State. 

Section  23.  The  "Official  Primary  Ballot"  of  each  political  party  shall  be 
separately  printed  upon  paper  of  uniform  quality,  texture  and  size,  and  in 
black  ink;  but  the  "Official  Primary  Ballot"  of  no  two  political  parties  shall 
be  of  the  same  color  or  tint  within  any  one  county. 

The  "Delegate  Ballot"  of  each  political  party  shall  correspond  in  color  with 
the  "Official  Primary  Ballot"  of  such  political  party.  The  "Delegate  Ballot" 
of  each  political  party  shall  be  of  uniform  size  and  ten  and  one-half  (10%) 
inches  in  length  and  seven  (7)  inches  in  width. 

The  county  clerk  shall  at  least  thirty  (30)  days  prior  to  the  date  of  the 
primary  election,  post  in  a  conspicuous  place  in  his  office  an  announcement 
of  the  color  of  the  primary  ballots  of  the  respective  parties,  and  shall  also 
at  least  thirty  days  prior  thereto  publish  such  announcement  for  at  least 
one  week  in  at  least  two  newspapers  of  general  circulation  in  the  county. 


10 

Section  24.  The  "Official  Primary  Ballot"  of  each  political  party  for  each 
delegate  district  shall  be  arranged  and  printed  substantially  in  the  manner 
following: 

1.  At  the  top  of  the  ballot  shall  be  printed  in  large  capital  letters  words 
designating  the  ballot.     If  a  Republican  ballot,  the  designating  words  shall 
be  "Republican  Primary  Ballot."     If  a  Democratic  ballot,  the   designating 
words  shall  be  "Democratic  Primary  Ballot,"  and  in  like  manner  for  each 
political  party. 

2.  Beginning  not  less  than  one  inch  below  the   designating  words,  the 
name  of  each  office  to  be  filled  shall  be  printed  in  capital  letters,  and  in  the 
following  order,  to-wit:    United  States  Senator,  Governor,  Lieutenant  Gover- 
nor, Secretary  of  State,  Auditor  of  Public  Accounts,  Treasurer,  Superintend- 
ent of  Public  Instruction,  Attorney  General,   Clerk  of  the   Supreme  Court, 
Clerk  of  the  Appellate  Court,  Representative  in  Congress,  member  of  the 
State  Board   of  Equalization,  Members  of  the  General  Assembly,   and  such 
county  officers  as  are  specified  in  section  seventeen  of  this  act.  Below  the  name 
of  each  office  shall  be  printed  in  small  letters  the  directions  to  the  voter,  to 
"Vote   for  one."     Below  the  name  of  each   office   also  shall  be  printed   in 
capital  letters  the  names  of  all  candidates  (alphabetically  arranged,  accord- 
ing to  surnames)  for  the  nomination  for  said  office  which  are  entitled  to  be 
placed  upon  the  respective  party  "Official  Primary  Ballot."     The  names  of 
all  candidates  upon  the  official  primary  ballot  shall  be  printed  in  type  of 
uniform  size,  and  the  names  shall  be  printed  in  a  column.     Immediately  in 
frone  of  and  opposite  the  name  of  each  candidate,  shall  be  printed  a  square 
and  all  squares  upon  the  "Official  Primary  Ballot"  shall  be  of  uniform  size. 
Spaces  between  the  names  of  candidates  under  each  office  shall  be  uniform, 
and  sufficient  spaces  shall  separate  the  names  of  candidates  for  one  office 
from  the  names  of  candidates  for  another  office  to  avoid  confusion.    A  blank 
space  shall  be  left  under  the  name  of  each  office,  and  to  the  left  of  said  blank 
space  shall  be  printed  a  square;  that  is  to  say,  the  primary  elector  is  entitled 
to  vote  for  one  candidate,  in  which  said  blank  space  the  primary  elector  may 
write  the  name  of  the  candidate  of  his  choice. 

3.  That  is  to  say,  the  official  primary  ballot  shall  be  prepared,  arranged 
and  printed  substantially  as  follows: 

PRIMARY  BALLOT 

(Name  of  party) 
of  the 

DELEGATE  DISTRICT  in  the 

of  County  of  ,  in 

the  State  of  Illinois. 

FOR  UNITED  STATES  SENATOR. 

(Vote  for  one.) 
[]     Clarence  O.  Blakeslee 
[]     Earl  Y.  Carr 


FOR  GOVERNOR. 

(Vote  for  one.) 
[]     Theodore  Gill 
[]     Robert  Houston 


FOR  LIEUTENANT  GOVERNOR. 

(Vote  for  one.) 
[]     Franklin  X.  Van  Keuren 
[]     Hosea  N.  Wiggs 
[]     Thomas  L.   Yancey 


11 


FOR  SECRETARY  OF  STATE. 

(Vote  for  one.) 
[]     Harry  B.  Miller 
[]     Isaac  T.  Spilman 
[]      

FOR  AUDITOR  OF  PUBLIC  ACCOUNTS. 

(Vote  for  one.) 
[]     John  Grear 
[]     Thomas  Jones 
[]      

FOR  TREASURER. 

(Vote  for  one.) 
[]     William  P.  Werner 
[]     Harry  N.  Zwick 
[]      

FOR  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

(Vote  for  one.) 
[]     Seaburn  K.  Parker 
[]     Frank  R.  Porter 
[]     David  Wilkinson 


FOR  ATTORNEY  GENERAL. 

(Vote  for  one.) 
[]     Percy  N.  Brown 
[]     Robert  Forrester 
[]     Howard  Kimmel 

FOR  CLERK  OF  THE  SUPREME  COURT. 

(Vote  for  one.) 
[]     C.  E.  Teaney 
[]     John  B.  Winthrop 

FOR  CLERK  OF  THE  APPELLATE  COURT. 

(Vote  for  one.) 
[]     John  Y.  Smith 
[]     Orville  C.  Watkins 

FOR  REPRESENTATIVE  IN  CONGRESS. 

(Vote  for  one.) 
[]     Anthony  K.  Howell 
[J     William  N.  Saunders 

FOR  MEMBER  OF  THE  STATE  BOARD  OF  EQUALIZATION. 

(Vote  for  one.) 
[]     August  Boland 
[1     C.  D.  Plumlee 

n    

FOR  STATE  SENATOR. 

(Vote  for  one.) 
[]     Charles   O.   Rogers 
[]     William  K.  Sims 


12 

FOR  REPRESENTATIVE  IN  THE  GENERAL  ASSEMBLY. 
(Vote  for  one.) 

[]     Thomas  B.  Horn 
[]     James  R.  Simmons 


FOR  COUNTY  JUDGE. 

(Vote  for  one.) 
[]     Francis  R.  Dry 

(And  so  on  for  each  county  office  specified  in  section  17  of  this  act.) 

Section  25.  On  the  back,  or  outside,  of  the  "Official  Primary  Ballot"  of 
each  delegate  district,  so  as  to  appear  when  folded,  shall  be  printed  the 
words  "Official  Primary  Ballot,"  followed  by  the  designation  of  said  dele- 
gate district,  the  date  of  the  primary  election,  and  a  fac  simile  of  the  signa- 
ture of  the  county  clerk  or  of  the  chief  clerk  of  the  Board  of  Election  Com- 
missioners, as  the  case  may  be. 

Section  26.  The  county  clerk  or  the  Board  of  Election  Commissioners, 
as  the  case  may  be,  shall  cause  to  be  delivered  to  the  primary  judges  of 
each  election  precinct  or  election  district,  not  less  than  twelve  hours  before 
the  time  fixed  for  the  opening  of  the  polls  of  the  primary  election,  the 
official  primary  ballots  of  each  political  party;  and  the  number  thereof  for 
each  political  party  in  each  election  precinct  or  election  district  shall  be  one 
hundred  ballots  for  each  fifty  votes  cast  in  said  election  precinct  or  election 
district  by  said  political  party  at  the  last  preceding  general  election. 

Section  27.  The  official  primary  ballots  shall  be  put  up  in  separate 
sealed  packages,  with  marks  on  the  outside  clearly  designating  the  election 
precinct  or  election  district  for  which  they  are  intended,  and  the  number 
of  ballots  enclosed  for  each  political  party,  and  a  receipt  therefor  shall  be 
given  by  the  primary  judge  to  whom  such  ballots  are  delivered,  which  re- 
ceipt shall  be  filed  by  the  county  clerk  or  Board  of  Election  Commissioners, 
as  the  case  may  be,  in  his  or  their  office. 

Section  28.  The  county  clerk  or  Board  of  Election  Commissioners,  as  the 
case  may  be,  shall  provide  and  retain  in  his  or  their  office  until  after  the 
primary  election,  an  ample  supply  of  extra  official  primary  ballots  for  each 
political  party  and  for  each  election  precinct  or  election  district,  and  if  at 
any  time  before  or  during  the  primary  election  any  of  the  official  primary 
ballots  shall  be  lost,  destroyed  or  exhausted,  on  written  application,  signed 
by  such  primary  judges  or  any  one  of  them,  then  said  clerk  or  board  shall 
immediately  cause  to  be  delivered  to  said  primary  judges  such  supply  of 
extra  official  primary  ballots  as  may  be  required  to  comply  with  the  pro- 
visions of  this  Act. 

Section  29.  The  "delegate  ballot"  of  each  political  party  shall  be  arranged 
substantially  as  follows: 

1.  At  the  top  of  the  ballot  shall  be  printed  in  large  capital  letters  words 
designating  the  ballot.     If  a  Republican  ballot,  the  designating  words  shall 
be   "Republican   delegate   ballot."     If   a   Democratic   ballot,   the   designating 
words  shall  be  "Democratic  delegate  ballot,"  and  in  like  manner  for  each 
political  party.     Then  shall  follow  the  date  of  primary,  designation  of  the 
delegate  district  and  election  precincts  comprising  the  same. 

2.  Beginning  not  less  than   one  inch  below  the   designating  words,   the 
name   of   the    conventions   to    which    delegates    are    to    be    chosen    shall    be 
printed   in   capital   letters,  and   in   the   following  order,   to-wit:      State   con- 
vention, congressional  convention,  senatorial  convention,  county  convention, 
sanitary  district  convention  and   municipal  convention  for  the  nomination 
of  candidates  to  be  elected  at  the  November  election. 

3.  Below   the   name   of   each   convention    shall    be   printed    in    a   vertical 
column  the  names  of  the  requisite  number  of  delegates  to  which  the  dele- 
gate district  is  entitled  in  each  of  said  conventions,  respectively. 


13 

4.  That  is  to  say,  the  delegate  ballot  shall  be  arranged  substantially  as 
follows: 

DELEGATE  BALLOT 

to  be  voted  at delegate  district  of  the  of 

in  county  of in  the  State  of  Illinois. 

FOR  DELEGATES  TO  THE  STATE  CONVENTION. 
John  Most 
Hiram    Wheeler 

FOR  DELEGATES  TO  THE  CONGRESSIONAL  CONVENTION. 
William  Hackney 
Aaron  Langley 
Eb.  Frost 
Ed.  Moore 

FOR  DELEGATES  TO  THE  SENATORIAL  CONVENTION. 
Louis    Moss 
Robert  Thomas 
Ralph  Hampton 
Levi   Francis 
Wallace  Conn 

FOR  DELEGATES  TO  THE  SANITARY  DISTRICT  CONVENTION. 
Hezekiah  Williams 
Harrington  Clanahan 
Henry  Haines 

FOR  DELEGATES  TO  THE  MUNICIPAL  CONVENTION. 

Reginald  Stubbles 
Bruno  Arkbauer 
William  McLain 

FOR  DELEGATES  TO  THE  COUNTY  CONVENTION 

COUNTY  DELEGATE  DISTRICT. 

Taylor  Button 
Jacob  Woods 
Jos.  Morris 
Andrew  Redden 
Patrick  O'Brien 
Benjamin  Morley 
Samuel  Harris 
Albert   Kersten 

Section  30.  The  primary  judges  shall  receive  from  any  person  or  per- 
sons, and  permit  to  be  freely  and  equally  exposed  in  separate  and  orderly 
piles,  within  the  polling  place,  near  the  ballot  box,  and  within  reach  of 
the  voters,  a  sufficient  supply  of  each  of  the  various  delegate  ballots  of  each 
political  party. 

Section  31.  Upon  the  opening  of  the  polls  one  of  the  primary  election 
judges  shall  make  proclamation  of  the  same;  and  at  least  thirty  minutes 
before  the  closing  of  the  polls,  proclamation  shall  be  made  in  like  manner 
that  the  polls  will  be  closed  in  half  an  hour. 

Section  32.  Before  voting  begins  the  ballot  box  shall  be  emptied,  and  it 
shall  be  opened  and  shown  to  those  present,  to  be  empty,  after  which  it 
shall  be  locked  and  the  key  delivered  to  one  of  the  primary  judges,  and  such 
ballot  box  shall  not  be  moved  from  public  view  from  the  time  it  was 
shown  to  be  empty  until  after  close  of  the  polls. 

Section  33.  No  person  shall  vote  at  any  primary  election  unless  he  shall 
be  a  legally  qualified  voter,  and  unless  he  has  resided  in  the  election 
precinct  or  election  district  at  least  thirty  (30)  days  prior  to  the  date  of 
the  primary  election,  and  unless  he  declares  his  party  affiliation,  as  required 


14 

by  this  act,  and  in  all  cases  where  registration  is  required,  as  a  condition 
precedent  to  voting  at  regular  elections,  only  registered  voters  shall  be 
permitted  to  vote  at  such  primary  election. 

And  no  person  shall  be  allowed  to  vote  at  a  primary  election  who  shall 
have  signed  the  petition  of  a  candidate  of  any  party  with  which  he  does 
not  affiliate,  when  such  candidate  is  to  be  voted  for  at  the  primary  election. 

And  no  person  shall  be  allowed  to  vote  who  shall  have  signed  the  nom- 
inating petition  of  an  independent  candidate  for  any  office  for  which  office 
candidates  are  to  be  voted  for  at  said  primary  election,  or  if  he  shall  have 
voted  at  the  primary  election  of  another  political  party  within  the  period 
of  one  year  next  preceding  such  primary  election. 

Section  34.  Any  person  desiring  to  vote  at  a  primary  election  shall  state 
his  name,  residence  and  party  affiliation  to  the  primary  judges,  one  of  whom 
shall  thereupon  announce  the  same  in  a  distinct  tone  of  voice,  sufficiently 
loud  to  be  heard  by  those  present  in  the  polling  place.  If  the  person 
desiring  to  vote  is  npt  challenged,  one  of  the  primary  judges  shall  give 
to  him  one,  and  only  one,  official  primary  ballot  of  the  political  party 
with  which  he  declares  himself  affiliated,  on  the  back  of  which  such  primary 
judge  shall  endorse  his  initials  in  such  manner  as  they  may  be  seen  when 
the  official  primary  ballot  is  properly  folded.  If  the  person  desiring  to 
vote  is  challenged,  he  shall  not  receive  an  official  primary  ballot  from  the 
primary  judges  until  he  shall  have  established  his  right  to  vote,  as  here- 
inafter provided.  No  person  who  refuses  to  state  his  party  affiliation  shall 
be  allowed  to  vote  at  a  primary  election. 

Section  35.     Whenever  a  person  offering  to  vote  at  a  primary  election  is 
challenged,  the  person  so  challenged  shall  make  and  subscribe  an  affidavit  in 
the  following  form,  which  shall  be  presented  to  and  retained  by  the  primary 
judges  and  clerks,  and  returned  by  them  with  the  registry  poll  books: 
State  of  Illinois,  ) 

County  of    f 

I,    ,   do   solemnly  swear    (or  affirm)    that  I  am  a  citizen  of 

the  United  States,  of  the  age  of  twenty-one  years  or  over,  and  am  qualified  to 
vote  under  and  by  virtue  of  the  constitution  and  laws  of  the  State  of  Illinois, 
and  am  a  legally  qualified  voter  of  this  precinct  and  delegate  district;  that  I 
now  reside  at (insert  street  and  number,  if  any)  in  this  pre- 
cinct and  delegate  district,  and  am  a  member  of  and  affiliated  with  the 

party,  and  have  not  voted  at  a  primary  election  of  another 

political  party  within  a  period  of  one  year  prior  to  this  date. 


Subscribed  and  sworn  to  before  me  this day  of A.  D. 

190.. 


Judge  of  Election. 

In  addition  to  such  affidavit  the  person  so  challenged  shall  produce  the 
affidavit  of  one  householder  of  the  election  precinct  or  election  district  who 
shall  be  a  qualified  voter  at  such  primary  election,  and  who  shall  be  personally 
known  or  proved  to  the  judges  to  be  a  householder  in  the  election  precinct  or 
election  district,  which  affidavit  shall  be  in  the  following  form: 
State  of  Illinois,  } 

County  of    f  Sk 

I,  ,  do  solemnly  swear  (or  affirm)  that  I  am  a  householder 

of  this  election  precinct  or  election  district  and  entitled  to  vote  at  this  pri- 
mary election,  that  I  am  acquainted  with  (name  of  the 

party  challenged)  whose  right  to  vote  at  this  primary  election  has  been  chal- 
lenged: that  I  know  him  to  be  an  actual  lona  fide  resident  of  this  election 
precinct  or  election  district,  and  that  he  has  resided  herein  thirty  days  and  I 
verily  believe  he  has  resided  in  this  county  ninety  days;  and  in  this  State 


15 

one  year  next  preceding  this  primary  election;   that  I  verily  believe  he  is  a 
member  and  affiliated  with  the party. 


Subscribed  and  sworn  to  before  me  this day  of A.  D. 

190.. 


Judge  of  Election. 

Section  36.  On  receiving  from  the  judges  an  official  primary  ballot  of  his 
party,  and  having  a  delegate  ballot  of  his  party,  the  voter  shall  forthwith  and 
without  leaving  the  polling  place,  retire  alone  to  one  of  the  voting  booths  and 
prepare  such  official  primary  ballot  by  making  a  cross  (X)  in  the  square  in 
front  of  and  opposite  the  name  of  each  candidate  of  his  choice  for  each  office 
to  be  filled. 

Section  37.  Before  leaving  the  booth  the  voter  shall  fold  his  official  pri- 
mary ballot  in  such  manner  as  to  conceal  the  marks  thereon.  He  shall  also, 
before  leaving  the  booth,  fold  the  delegate  ballot  to  be 'voted  by  him  in  such 
manner  that  none  of  the  printed  or  written  matter  on  the  inside  thereof 
shall  be  visible.  Said  voter  shall  then  vote  forthwith  by  handing  the  primary 
judge  the  official  primary  ballot  received  by  such  voter  and  by  delivering  to 
the  primary  judge  one,  and  only  one,  delegate  ballot  of  the  party  with  which 
he  declares  himself  affiliated.  Such  primary  judge  shall  thereupon  mark  with 
pencil  the  initials  of  his  own  name  on  the  back  of  such  delegate  ballot  as  it 
is  folded.  Thereupon  the  primary  judge  shall  deposit  such  official  primary 
ballot  and  such  delegate  ballot,  in  the  ballot  box.  The  primary  clerk  shall 
thereupon  enter  in  the  registry  poll  books  the  name  of  the  voter,  his  residence 
and  his  party  affiliation/ 

Section  38.  Any  primary  elector  who  may  declare  upon  oath  that  he  can- 
not read  the  English  language,  or  that  by  reason  of  any  physical  disability  he 
is  unable  to  mark  his  official  primary  ballot,  shall,  upon  request,  be  assisted  in 
marking  his  official  primary  ballot  in  the  same  manner  as  provided  by  the 
general  election  laws  of  this  State;  and  shall  also,  upon  request,  be  assisted 
in  selecting  and  preparing  his  delegate  ballot. 

Section  39.  After  the  opening  of  the  polls  at  a  primary  election,  no  ad- 
journment shall  be  had,  nor  recess  taken -until  all  the  votes  cast  at  such  pri- 
mary election  shall  have  been  counted  and  canvassed. 

Section  40.  The  votes  shall  be  canvassed  in  the  room  or  place  where  the 
primary  election  is  held  and  the  primary  judges  shall  not  allow  the  ballot 
box  or  any  of  the  ballots,  or  the  registry  poll  books,  or  any  of  the  tally  sheets 
to  be  removed  or  carried  away  from  such  room  or  polling  place  until  the 
canvass  of  the  votes  is  completed  and  the  returns  carefully  enveloped  and 
sealed  up.  Each  of  the  judges  is  hereby  empowered  to  administer  and  certify 
oaths  required  during  a  primary  election. 

Section  41.-  If  a  primary, elector  marks  more  names  upon  any  official  pri- 
mary ballot  than  there  are  persons  to  be  nominated  as  candidates  for  an  office, 
or  if,  for  any  reason,  it  is  impossible  to  determine  the  primary  elector's  choice 
of  a  candidate  for  the  nomination  for  an  office,  his  official  primary  ballot  shall 
not  be  counted  for  the  nomination  for  such  office. 

No  official  primary  ballot  or  delegate  ballot,  without  the  endorsement  of  the 
judges'  initials  thereon,  shall  be  counted.  Any  judge  wilfully  omitting  to  en- 
dorse his  initials  on  official  primary  ballots  or  delegate  ballots,  as  required  by 
this  act,  shall  be  guilty  of  a  misdemeanor  and  punishable  by  a  fine  not 
exceeding  one  hundred  dollars  for  each  offense. 

Official  primary  ballots' not  counted  shall  be  marked  "defective"  on  the  back 
thereof;  and  official  primary  ballots  to  which  objection  has  been  made  by 
either  of  the  primary  judges  or  challengers  shall  be  marked  "objected  to"  on 
the  back  thereof;  and  a  memorandum  signed  by  the  primary  judges  stating 
how  .it  was  counted  shall  be  written  upon  the  back  of  each  official  primary 
ballot  so  marked,  and  all  official  primary  ballots  marked  "defective"  or 
"objected  to"  shall  be  inclosed  in  an  envelope  and  securely  sealed,  and  so 
marked  and  endorsed  as  to  clearly  disclose  its  contents. 

All  official  primary  ballots  not  voted,  and  all  that  have  been  spoiled  by 
voters  while  attempting  to  vote,  shall  be  returned  by  the  primary  judges  to 


16 

the  County  Clerk  or  Board  of  Election  Commissioners  and  a  receipt  taken 
therefor,  and  shall  be  preserved  three  months.  Such  official  shall  keep  a 
record  of  the  number  of  official  primary  ballots  delivered  for  each  polling 
place,  the  name  of  the  person  to  whom  and  the  time  when  delivered,  and 
he  or  they  shall  also  enter  upon  such  record  the  number  and  character  of 
official  primary-  ballots  returned,  with  the  time  when  and  the  persons  by 
whom  they  are  returned. 

Section  42.  Unless  delegate  ballots  comply  substantially  with  this  act  in 
size  and  color,  the  same  shall  be  void  for  all  purposes,  and  shall  not  be  re- 
ceived, deposited  or  counted  by  any  primary  judge  at  any  such  primary 
election;  and  all  delegate  ballots  not  in  accordance  with  the  provisions  of  this 
act,  and  which  by  any  mistake  may  have  been  deposited  in  the  ballot  box  shall 
be  void  and  shall  be  marked  "defective"  on  the  back  thereof;  but  no  delegate 
ballot  shall  be  defective  because  the  primary  elector  depositing  the  same  has 
named  upon  it  a  less  number  of  delegates  than  such  primary  elector  is  en- 
titled to  vote  for.  If  the  primary  elector  votes  for  more  persons  than  there 
are  delegates  to  be  elected  to  a  certain  convention,  or  if  for  any  reason  it  is 
impossible  for  the  primary  judges  to  determine  the  voter's  choice,  such  dele- 
gate ballot,  or  part  thereof,  shall  not  be  counted.  Delegate  ballots  not  counted 
shall  be  marked  "defective"  on  the  back  thereof  and  delegate  ballots  to  which 
objection  has  been  made  by  either  of  the  primary  judges  or  challengers  shall 
be  marked  "objected  to"  on  the  back  thereof,  and  a  memorandum  signed  by 
the  judges,  stating  how  it  was  counted,  shall  be  written  upon  the  back  of  each 
delegate  ballot  so  marked;  and  all  delegate  ballots  marked  "defective"  or 
"objected  to"  shall  be  inclosed  in  an  envelope,  securely  sealed,  and  so  marked 
and  endorsed  as  to  clearly  disclose  its  contents. 

Section  43.  Immediately  upon  closing  the  polls,  the  primary  judges  shall 
proceed  to  canvass  the  votes  polled  in  manner  following: 

(1)  They  shall  first  separate  the  official  primary  ballots  from  the  delegate 
ballots,  rejecting  all  ballots  upon  which  the  initials  of  a  primary  judge  do  not 
appear. 

(2)  The  primary  judges  shall  then  proceed  to  ascertain  the  number  of 
names  entered  on  the  registry  poll  books  under  each  party  affiliation. 

(3)  If  the  official  primary  or  delegate  ballots  of  any  political  party  exceed 
the  number  of  names  of  voters  of  such  political  party  entered  on  the  registry 
poll  books,  the  official  primary  ballots  and  the  delegate  ballots  of  such  political 
party  shall  be  folded  and  replaced  in  the  ballot  box,  each  separately,  and  the 
box  closed  and  well  shaken  and  again  opened;   and  one  of  the  judges,  who 
shall  be  blindfolded,  shall  draw  out  and  destroy  so  many  of  the  official  primary 
ballots  and  delegate  ballots  respectively  of  such  political  party  as  shall  be 
equal  to  such  excess. 

(4)  The  primary  judges  shall  thereupon  arrange  the  official  primary  bal- 
lots and  the  delegate  ballots  of  each  political  party  in  separate  piles. 

(5)  The  primary  judges  shall  then  proceed  to  count  the  official  primary 
ballots  of  each  political  party  separately;  and  as  the  primary  judges  shall  open 
and  read  the  official  primary  ballot,  each  primary  clerk  shall  carefully  and 
correctly  mark  upon  the  tally  sheets  the  votes  which  each  candidate  of  the 
party  whose  name  is  written  or  printed  on  the  official  primary  ballot  has  re- 
ceived in  a  separate  column  for  that  purpose,  with  the  name  of  such  candi- 
date, the  name  of  his  political  party  and  the  name  of  the  office  for  which  he 
is  a  candidate  for  nomination,  at  the  head  of  such  column. 

(6)  The  primary  judges  shall  then  proceed  to  count  the  delegate  ballots 
of  each  political  party  separately,  in  accordance  with  the  provisions  of  an 
act    entitled    "An    Act    to    dispense    with    individual    tally    marks    in  .can- 
vassing the  so-called  'straight  ticket'  at  all  elections  hereafter  held  in 'this 
State;   and  concerning  the  duties  of  the  clerks  in  the  canvass  of  votes  at 
such  election,"  approved  May  13,  1905,  in  force  July  1,  1905. 

Section  44.  As  soon  as  the  ballots  of  a  political  party  shall  have  been 
read,  and  the  votes  of  said  political  party  counted,  as  provided  in  the  last 
above  section,  the  primary  clerks  shall  foot  up  the  tally  sheets  so  as  to 
show  the  total  number  of  votes  cast  for  each  candidate  of  each  said 


17 

political  party  and  the  total  number  of  votes  cast  for  each  delegate  to 
the  State,  Congressional,  Senatorial,  Sanitary  District,  Municipal,  where 
municipal  officers  are  to  be  elected  at  the  November  election,  and  County 
conventions  respectively,  and  the  total  number  of  votes  cast  by  said  political 
party  and  certify  the  same  to  be  correct.  Thereupon  the  primary  judges 
shall  set  down  in  the  registry  poll  booKS,  under  the  name  of  said  political 
party,  the  name  of  each  candidate  voted  for  upon  the  official  primary 
ballot,  written  at  full  length,  the  name  of  the  office  for  which  he  is  a  can- 
didate for  nomination,  the  total  number  of  votes  which  said  candidate 
received,  and  the  total  number  of  votes  cast  by  said  political  party  at  said 
primary  election,  and  the  primary  election  judges  shall  certify  the  same  to 
be  true  and  correct;  said  entry  in  the  registry  books  to  be  made  sub- 
stantially in  the  following  form: 

PARTY. 

At  the   primary   election  held  in  this  election   precinct    (or   election   dis- 
trict) on  the day  of A.  D.  19 ,  the  respective 

candidates  whose  names  were  written  or  printed  on  the  official  primary 
ballot  of  said  party,  received  respectively  the  fol- 
lowing votes: 


Name  of  Candidate. 

Title  of  Office. 

Number  of  Votes. 

John  Smith 
Sam  Jones 
Frank  Martin 
William  Preston 

Tom  Johnson 
Frederick  Johns 

Governor 
Governor 
Attorney  General 
Representative  in 
Congress 
State  Senator 
County  Judge 

100 
70 
150 

206 
74 
59 

And  so  on  for  each  candidate. 

Total  number  of  votes  cast  by  said   party   

We  hereby  certify  the  above  and  foregoing  to  be  true  and  correct. 
Dated  this day  of A.  D.  19 


Primary    Judges. 

The  primary  judges  shall  also  set  down  in  the  registry  poll  books  the 
name  of  each  candidate  voted  for,  for  delegates  to  the  State,  Congressional, 
Senatorial,  County,  Sanitary  District  and  Municipal  conventions  for  the 
nomination  of  such  municipal  officers  as  are  to  be  elected  at  the  November 
elections  respectively,  of  each  political  party,  the  designation  of  the  con- 
vention to  which  he  is  a  candidate  for  delegate,  the  total  number  of  votes 
which  said  candidate  for  delegate  to  the  respective  conventions  received;  and 
the  judges  shall  certify  the  same  to  be  true  and  correct;  said  entry  in  the 
registry  poll  books  to  be  made  substantially  in  the  following  form: 
PARTY. 

At  the  primary  election  held  in  this  election  precinct    (or   delegate   dis- 
trict) on  the day  of A.  D.  19 the  following  named 

persons  received  the  number  of  votes  set  opposite  their  respective  names  for 
delegates  to  the  following  described  conventions,  to-wit: 


18 


STATE  CONVENTION. 


Name  of  Candidate  for  Delegate. 


Number  of  Votes  Received. 


John  Smith 
Charles  Brown 
William  Lee 
James  Jones 


100 
125 
100 
200 


CONGRESSIONAL  CONVENTION. 


I 
Name  of  Candidate  for  Delegate.  Number  of  Votes  Received. 

I 


John  Smith 

100 

Charles  Brown 

125 

William  Lee 

100 

James  Jones 

200 

SENATORIAL   CONVENTION. 


Name  of  Candidate  for  Delegate. 


Number  of  Votes  Received. 


John  Smith 
Charles  Brown 
William  Lee 
James  Jones 


100 
125 
100 
200 


SANITARY    DISTRICT   CONVENTION. 


Name  of  Candidate  for  Delegate. 


Number  of  Votes  Received. 


Harrington  Clanahan 
Hezekiah   Williams 
William  McLain 
Henry  Haines 


200 
125 
100 
200 


MUNICIPAL   CONVENTION. 


Name  of  Candidate  for  Delegate. 


Number  of  Votes  Received. 


J.  C.  Williams 
A.  Carman 
W.  A.  Royer 
M.   Smith 


200 
125 
100 
200 


19 
COUNTY  CONVENTION. 


Name  of  Candidate  for  Delegate. 

Number  of  Votes  Received. 

John  Smith 
Charles  Brown 
William  Lee 
James  Jones 

100 
125 
100 
200 

We  hereby  certify  the  above  and  foregoing  to  be  true  and  correct. 
Dated  this   day  of  A.  D.  19 


Primary    Judges. 

Section  45.  After  the  votes  of  a  political  party  shall  have  been  counted 
and  set  down,  the  tally  sheets  footed,  and  the  entry  made  in  the  registry 
poll  books,  as  above  provided,  all  the  official  primary  ballots  and  delegate 
ballots  of  said  political  party,  except  those  marked  "defective"  or  "objected 
to"  shall  be  strung  upon  a  strong  thread  or  twine  or  wire,  separately  for 
official  primary  ballots  and  delegate  ballots,  in  the  order  in  which  they  have 
been  read,  and  shall  thereupon  be  carefully  sealed  in  an  envelope,  which 
envelope  shall  be  endorsed  as  follows: 

"Election  precinct  (or  election  district)  ballots  of  the party 

of  the election  precinct  (or  election  district)  of  the 

of  the in  the  County  of and  the  State  of  Illinois." 

Section  46.  The  registry  poll  books,  with  the  certificate  of  the  primary 
judges  written  thereon,  and  the  tally  sheets,  together  with  the  envelopes  con- 
taining the  ballots,  shall  be  carefully  enveloped  and  sealed  up  together, 
properly  endorsed,  and  put  into  the  hands  of  the  primary  judges,  who  shall 
within  forty-eight  hours  thereafter  deliver  the  same  to  the  county  clerk  or 
Board  of  Election  Commissioners,  as  the  case  may  be,  at  his  or  their  office, 
who  shall  safely  keep  the  same  for  three  months. 

Section  47.  Within  forty-eight  hours  after  the  vote  in  each  precinct  has 
been  canvassed,  the  judges  of  each  precinct  shall  return  to  the  county  clerk, 
or  the  board  of  election  commissioners,  as  the  case  may  be,  the  tally  sheets 
showing  the  vote  for  delegates  in  such  precinct  of  each  party.  And  it  shall 
be  the  duty  of  the  county  clerk  or  the  board  of  election  commissioners,  as  the 
case  may  be,  to  add  together  the  vote  of  all  the  precincts  in  each  delegate 
district  for  each  delegate  to  each  convention,  and  such  county  clerk,  or  board 
of  election  commissioners,  as  the  case  may  be,  shall  prepare  a  certificate  of 
election  as  delegate,  to  each  of  the  number  of  persons,  corresponding  in  num- 
ber to  the  number  of  delegates  to  be  elected  for  each  party,  in  such  delegate 
district,  who  have  received  the  highest  number  of  votes  in  such  party  for 
delegate  or  delegates  to  such  conventions  of  such  party.  In  case,  in  any  party 
two  or  more  persons  shall  receive  the  same  and  the  highest  number  of  votes 
cast  for  delegates  to  any  convention,  and  such  delegate  district  is  not  entitled 
to  the  number  of  delegates  receiving  such  vote,  the  county  clerk  or  the  board 
of  election  commissioners,  as  the  case  may  be,  shall  decide  by  lot  which  per- 
son or  persons  shall  be  entitled  to  such  certificate  of  election,  and  shall  there- 
upon issue  and  deliver  such  certificate  to  each  such  person  so  entitled  or  to 
his  agent  authorized  in  writing  to  receive  the  same.  Such  certificate  shall  be 
prima  facie  evidence  of  the  right  of  the  person  named  thereon  to  a  seat  in 
the  convention  therein  named,  and  shall  be  substantially  as  follows: 

" Party  Credentials. 

Credentials  of  delegates  of  the party  of  the 

delegate  district  in  the  county  (or  ward)  of 

and  State  of  Illinois,  to  the convention  of 


20 

We  (or  I)  hereby  certify  that  at  a  primary  election  held  in  said  delegate 

district,  consisting  of  the election  precinct  or  precincts  on  the 

day  of A.  D.  190 (name  of  delegate) 

was  duly  elected  a  delegate  to  represent  the party  in  the 

convention;  and  that  said is  a  duly  qualified 

delegate  of  the party,  of  said  delegate  district,  and  as  such  is 

entitled  to  a  seat  in  the convention  to  be  held  at 

on  the day  of A.  D.  190. . .  and is  instructed 

to  vote  for  one  ballot  for  the  following  candidates  for  the  following  offices, 
to-wit: 


In  Witness  Whereof,  I   (or  we)  have  hereunto  set  my   (or  our)   hand   (or 
hands)  this day  of A.  D.  190. . . 


Section  48.  As  soon  as  the  complete  returns  are  delivered  to  the  county 
clerk,  or  board  of  election  commissioners,  as  the  case  may  be,  he,  or  they, 
shall,  with  the  assistance  of  the  county  judge,  canvass  all  the  returns  and 
make  separate  tabulated  statements  for  each  political  party.  Each  of  such 
statements  shall  show,  in  appropriate  columns  and  under  proper  headings, 
the  total  number  of  votes  cast  in  each  delegate  district  for  each  candidate  for 
nomination  for  office.  Each  county  clerk  and  each  Board  of  Election  Com- 
missioners, within  five  days  after  the  primary  election,  shall  send  to  the 
Secretary  of  State  the  total  vote  for  each  candidate  for  United  States  Senator 
of  each  political  party. 

Section  49.  Each  statement,  provided  to  be  made  in  the  foregoing  section, 
and  each  sheet  of  paper  forming  a  part  of  such  statement,  shall  be  subscribed 
by  the  county  clerk  or  the  board  of  election  commissioners,  as  the  case  may 
be,  and  the  county  judge.  One  such  statement  shall  be  properly  sealed,  sent 
to  or  delivered  to  the  chairman  of  the  county  central  committee  of  the  party, 
and  another  copy  of  such  statement  shall  be  properly  endorsed  and  together 
with  the  ballot  box,  ballots,  books,  blanks,  reports  and  other  papers  and 
records  shall  be  preserved  by  the  person,  officer  or  board  of  election  commis- 
sioners, as  the  case  may  be,  who  is  charged  by  the  general  election  laws  with 
the  duty  of  preserving  election  returns;  and  such  ballots  and  records  shall  be 
preserved  by  such  person,  officer  or  board,  as  the  case  may  be,  for  the  period 
of  three  months,  and  may  be  examined,  in  case  of  contest,  by  like  officials  as 
now  provided  by  the  general  laws  in  case  of  contest  over  the  result  of  an 
election. 

Section  50.  If,  upon  the  completion  of  the  canvass  of  such  returns,  it  ap- 
pears thereupon  that  any  candidate  of  any  party  for  the  nomination  for  any 
State,  congressional  or  senatorial  office  has  received  a  plurality  of  all  the 
votes  cast  for  candidates  for  nomination  for  such  office  in  any  delegate  dis- 
trict such  candidate  shall  have  cast  for,  him  the  votes  of  all  the  delegates 
from  such  delegate  district  to  the  convention  before  which  he  is  a  candidate, 
for  at  least  the  first  ballot.  Nominations  shall  be  made  by  majority  vote  of 
all  of  the  delegates  elected  to  each  convention. 

Section  51.  As  soon  as  the  returns  are  all  in  the  office  of  the  Secretary  of 
State,  they  shall  be  canvassed  by  the  same  persons,  officials  or  board  as  are 
directed  by  the  general  election  laws  to  canvass  returns  after  a  general  elec- 
tion. Such  canvassing  board  shall,,  without  delay,  open  the  returns  and 
certify  tabulated  statements  thereof  separately  for  each  political  party.  Such 
statement  shall  show  under  appropriate  headings  the  total  number  of  votes 
cast,  and  the  total  vote  for  each  candidate  for  United  States  Senator.  Such 
canvassing  board  shall  cause  to  be  delivered  to  the  Secretary  of  State  within 
five  days  next  following  such  county  convention  a  statement  as  to  the  vote 
cast  for  each  candidate  for  United  States  Senator  by  each  political  party. 
The  Secretary  of  State  shall  cause  to  be  delivered  to  the  secretary  of  the 


21 

State  convention  of  the  respective  political  parties  next  following  such 
primary  election  a  statement  showing  the  total  vote  cast  for  each  such  can- 
didate for  United  States  Senator  and  the  total  vote  polled. 

Section  52.  The  expense  of  providing  polling  places,  booths  and  other 
supplies  required  in  this  Act  for  holding  primary  elections  shall  be  paid  in 
the  same  manner  and  by  the  same  officials  as  general  or  regular  election 
expenses.  The  primary  election  judges  and  clerks  shall  receive  the  same  pay, 
be  paid  by  the  same  officials  and  in  the  same  manner  as  judges  and  clerks 
under  the  general  election  laws  of  this  State. 

Section  53.  All  county  conventions  shall  be  held  on  the  Thursday  imme- 
diately following  said  primary  election  day. 

All  senatorial  conventions  shall  be  held  on  the  second  Tuesday  immediately 
following  the  said  primary  election  day:  Provided,  that  where  a  county 
constitutes  a  senatorial  district,  the  senatorial  convention  for  such  district 
shall  be  held  on  the  same  day  as  the  county  convention,  and  the  delegates 
elected  to  the  county  convention  shall  be  ex-officio  delegates  to  the  senatorial 
convention,  and  the  county  committees  of  such  counties  shall  be  ex-officio  the 
senatorial  committees  for  such  senatorial  district. 

All  congressional  conventions  shall  be  held  on  the  second  Thursday  im- 
mediately following  said  primary  election  day. 

All  State  conventions  shall  be  held  on  the  third  Tuesday  after  the  primary 
election. 

Section  54.  No  person  other  than  a  delegate  shall  be  elected  as  an  officer 
of  any  convention,  and  the  chairman  of  all  conventions  shall  be  elected  by  a 
roll  call.  After  the  election  of  the  chairman,  the  convention  shall  proceed  to 
elect  such  other  officers  of  the  convention  as  it  may  determine. 

Section  55.  None  but  legally  qualified  voters  residing  in  the  delegate  dis- 
trict to  be  represented  shall  be  eligible  as  delegates  to  any  convention  of  such 
party.  Judges  and  clerks  acting  as  such  at  any  primary  election  shall  be 
ineligible  as  delegates  to  any  such  convention,  except  such  judges  of  election 
as  hold  their  positions  by  virtue  of  being  the  holders  of  an  elective  office. 
No  person  shall  act  as  a  delegate  in  any  such  convention  except  when  elected 
as  a  delegate,  according  to  this  Act:  Provided,  that  in  the  absence  of  a 
delegate  or  delegates,  then  the  delegates  present  representing  the  district 
shall  select  some  one  to  represent  such  absent  delegate  or  delegates.  If  no 
delegates  from  a  given  district  are  present,  then  the  delegates  from  the  ward, 
division  or  township  shall  select  any  qualified  member  or  members  of  the 
party  as  delegates  to  fill  such  vacancy  or  vacancies:  Provided,  that  any  and 
all  delegates  who  are  selected  to  represent  such  absent  delegates  shall  stand 
instructed  to  vote  in  the  convention  the  same  as  such  absent  delegate  or 
delegates  were  instructed  to  vote. 

Section  56.  No  delegate  to  any  convention  held  under  the  provisions  of 
this  act  shall  have  any  power  or  authority  to  name  or  appoint  any  proxy  or 
substitute  to  vote  for  or  in  his  stead,  and  no  proxy  or  substitute  appointed 
by  any  delegate  shall  be  binding  or  effective  on  any  convention  or  conventions 
held  under  the  provisions  of  this  Act. 

Section  57.  For  all  nominations  made  by  conventions  held  under  the  pro- 
visions of  this  Act,  a  certificate  of  nomination  shall  be  duly  made  .and  filed. 

Every  such  certificate  of  nomination  shall  state: 

(1)  The  name  of  the  candidate  nominated. 

(2)  The  office  to  which  he  is  nominated. 

(3)  The  party  which  he  represents,  expressed  in  not  more  than  five  words. 

(4)  His  place  of  residence,  with  the  street  and  number  thereof,  if  any. 
Every  such  certificate  of  nomination  shall  be  signed  by  the  presiding  officer 

and  by  the  secretary  of  the  convention,  who  shall  add  to  their  signatures  their 
places  of  residence.  Such  certificates  of  nomination  shall  be  sworn  to  by 
them  to  be  true,  to  the  best  of  their  knowledge  and  belief,  and  a  certificate  of 
the  oath  shall  be  annexed  to  the  certificate  of  nomination. 

Such  certificate  of  nomination  for  candidates  for  State,  Congressional  and 
Senatorial  offices  shall  be  filed  in  the  office  of  the  Secretary  of  State  at  least 


22 

thirty  (30)  days  previous  to  the  day  of  election  for  which  the  candidates  are 
nominated. 

Certificates  for  nomination  for  county  offices  shall  be  filed  in  the  office  of 
the  county  clerk  of  the  respective  counties  at  least  thirty  (30)  days  previous 
to  the  day  of  such  election. 

Section  58.  Any  convention  of  any  political  party  is  hereby  authorized  to 
fill  vacancies  in  the  manner  prescribed  by  said  convention. 

Section  59.  When  a  vacancy  shall  occur  in  any  elective  office  and  a 
special  election  shall  become  necessary  to  fill  the  same,  the  managing  com- 
mittee of  the  several  political  parties  for  the  territorial  area  in  which  such 
vacancy  occurs  shall  nominate  the  candidate  or  candidates  for  the  respective 
parties  to  fill  such  vacancy. 

Section  60.  Any  candidate  whose  name  appears  upon  the  official  primary 
ballot  of  any  political  party  in  any  delegate  district  may  contest  the  primary 
election  held  in  said  county  or  any  of  the  districts  thereof,  as  to  the  office 
for  which  he  was  a  candidate  for  nomination  by  filing  with  the  clerk  of  the 
county  court  of  the  county  in  which  such  district  is  located  a  petition  in 
writing,  setting  forth  the  grounds  of  contest,  which  petition  shall  be  verified 
by  affidavit  of  the  petitioner.  Any  candidate  for  a  delegate  whose  name 
appears  upon  the  delegate  ballot  of  any  political  party  in  any  delegate  dis- 
trict may  contest  the  primary  election  held  in  said  delegate  district  as  to 
the  position  of  delegate  to  the  convention  for  which  he  was  a  candidate,  by 
filing  with  the  clerk  of  the  county  court  of  his  respective  county  a  petition 
in  writing,  setting  forth  the  grounds  of  contest,  which  petition  shall  be  veri- 
fied by  affidavit  of  the  petitioner. 

Authority  and  jurisdiction  are  hereby  vested  in  the  county  court,  and  in  the 
judge  thereof  in  vacation,  to  hear  and  determine  primary  election  contests. 
When  a  petition  to  contest  a  primary  election  shall  be  filed  in  the  office  of 
the  clerk  of  the  county  court,  said  petition  shall  forthwith  be  presented  to 
the  judge  thereof,  who  shall  note  thereon  the  day  of  presentation,  and  shall 
also  note  thereon  the  day  when  he  will  hear  the  same,  which  shall  not  be 
more  than  five  days  thereafter,  and  shall  order  issuance  of  summons  to  each 
defendant  named  in  the  petition. 

Summons  shall  forthwith  issue  to  each  defendant  named  in  the  petition, 
and  shall  be  served  in  the  same  manner  as  is  provided  in  cases  in  chancery. 
The  case  may  be  heard  and  determined  by  the  county  court  in  term  time,  or 
by  the  judge  thereof  in  vacation,  at  any  time  not  less  than  two  days  after 
service  of  process,  and  shall  have  preference  in  the  order  of  hearing  to  all 
other  cases.  The  petitioner  shall  give  security  for  all  costs. 

If,  in  the  opinion  of  the  court  in  which  the  petition  is  filed,  the  grounds  for 
contest  alleged  are  insufficient  in  law,  the  petition  shall  be  dismissed.  If  the 
grounds  alleged  in  the  petition  are  sufficient,  the  court  shall  proceed  in  a 
summary  manner,  and  may  hear  evidence,  examine  the  returns,  recount  the 
ballots  and  make  such  orders  and  enter  such  judgments  as  justice  may 
require.  The  court  shall  hear  and  determine  the  case  before  the  date  fixed 
by  law  for  the  county  convention.  The  judgment  of  the  court  shall  be  final. 

Section  61.  No  spiritous,  malt,  vinous  or  intoxicating  liquor  shall  be  sold 
or  given  away,  nor  shall  any  saloon  or  bar  room  or  place  where  such  liquor 
is  sold  or  given  away,  be  open  during  the  holding  of  any  primary  election. 
Whoever  violates  the  provisions  of  this  section  shall  be  fined  in  a  si^m  not 
less  than  $25  nor  more  than  $100.  It  shall  be  the  duty  of  the  sheriff,  coroner, 
constable  and  other  officers  of  the  county,  and  magistrates  and  mayors  of 
cities  to  see  that  the  provisions  of  this  section  are  enforced. 

(1)  If  any  person  whose  vote  is  challenged,  or  any  witness  sworn  under 
the  provisions   of  this  Act,  shall  knowingly,   wilfully  and   corruptly  swear 
falsely,  he  shall  be  deemed  guilty  of  perjury,  and  on  conviction  thereof  shall 
be  punished  accordingly. 

(2)  Whoever  unlawully  votes  more  than  once  at  any  election,  or  offers  to 
vote  after  having  once  voted  at  such  election,  shall,  on  conviction  thereof, 
be  fined  in  a  sum  not  exceeding  $1,000,  or  imprisoned  in  the  county  jail  not 
exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 


23 

(3)  Whoever  wilfully  aids  or  abets  any  one  not  legally  qualified  to  vote 
at  an  election,  in  voting  or  attempting  to  vote  at  such  election;  or, 

Second.  Furnishes  an  elector  with  a  ticket  or  ballot  informing  him  that 
it  contains  a  name  different  from  that  which  appears  thereon,  with  intent  to 
induce  him  to  vote  contrary  to  his  inclinations;  or, 

Third.  Changes  a  ballot  of  an  elector,  with  intent  to  deprive  such  elector 
of  voting  for  such  person  as  he  intended;  or, 

Fourth.  By  unlawful  means  prevents  or  attempts  to  prevent  any  voter 
from  attending  or  voting  at  an  election;  or, 

Fifth.  Gives,  or  offers  to  give,  any  valuable  thing  or  bribe  to  any  judge  or 
clerk  of  an  election,  as  a  consideration  of  some  act  to  be  done  or  omitted  to 
be  done  contrary  to  his  official  duty  in  relation  to  such  election,  shall  on 
conviction  thereof,  be  fined  in  a  sum  not  exceeding  $1,000,  or  imprisoned  in 
the  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 
And  any  judge  or  clerk  who  shall  receive,  request  or  demand  any  bribe  or 
reward  forbidden  by  this  Act  shall,  upon  conviction,  be  liable  to  the  same 
penalties  as  are  prescribed  in  this  Act  for  the  giving  or  offering  to  give  such 
bribe  or  reward. 

Any  person  who  shall  solicit,  request,  demand  or  receive,  directly  or  in- 
directly, any  money,  intoxicating  liquor  or  any  other  thing  of  value,  or  the 
promise  thereof,  either  to  influence  his  vote,  or  to  be  used,  or  under  the 
pretense  of  being  used  to  procure  the  vote  of  any  other  person  or  persons,  or 
to  be  used  at  any  poll  or  other  place  prior  to  or  on  the  day  of  an  election  for 
or  against  any  candidate  for  office,  or  for  or  against  any  measure  or  question 
to  be  voted  upon  at  such  election,  shall  be  deemed  guilty  of  the  infamous 
crime  of  bribery  in  elections,  and  upon  conviction  thereof  in  any  court  of 
record,  shall  be  sentenced  to  disfranchisement  by  the  judge  of  such  court 
for  a  term  of  not  less  than  five  and  not  more  than  fifteen  years,  and  to  the 
county  jail  not  less  than  three  months  nor  more  than  one  year,  and  to  pay 
the  cost  of  prosecution  and  stand  committed  to  the  county  jail  until  such 
costs  are  fully  paid.  That  for  a  conviction  of  a  second  offense  under  this 
section,  the  first  being  alleged  and  proven,  such  offender  shall  be  by  sentence 
of  the  court  forever  thereafter  disfranchised  and  deprived  of  the  right  to 
vote  at  an  election  in  this  State,  and  be  imprisoned  in  the  county  jail  not 
less  than  one  year,  and  be  committed  to  jail  in  default  of  the  payment  of 
costs  of  prosecution  until  such  costs  are  fully  paid.  Prosecutions  may  be 
had  under  this  section  by  indictment  in  the  circuit  court,  or  by  information 
in  the  county  courts,  and  the  effect  of  a  sentence  of  disfranchisement  in 
either  of  said  courts,  both  having  jurisdiction  of  offenses  hereunder,  shall 
be  to  deprive  such  persons  sentenced  of  the  right  to  vote  at  any  general  or 
special  election,  or  town  meeting,  within  this  State  for  the  period  of  time 
fixed  by  the  court  where  such  person  shall  be  convicted  under  this  section. 
Any  candidate  or  other  paying,  furnishing  or  promising  to  pay  or  furnish  or 
bribing  such  person,  with  money,  intoxicating  liquor,  or  any  other  thing  of 
value,  or  the  promise  thereof,  shall  not  be  liable  to  punishment  therefor, 
but  shall  be  a  competent  witness  and  compelled  to  testify  in  prosecutions 
under  this  section.  Solicitation  of  any  person  of  a  loan  of  money,  or  the 
purchase  of  anything  of  value,  or  any  other  subterfuge,  shall  be  deemed  a 
violation  thereof. 

Second.  Any  person  who  shall  have  been  legally  convicted  and  disfran- 
chised by  a  court  of  competent  jurisdiction,  who  shall  before  the  expiration 
of  his  term  of  disfranchisement,  vote  or  offer  to  vote  at  any  general  or  special 
election,  or  town  meeting  within  this  State,  shall,  upon  indictment  and  con- 
viction thereof  in  a  court  of  competent  jurisdiction,  be  confined  in  the  pen- 
itentiary for  a  term  of  years,  not  less  than  one  or  more  than  ten  years. 

(6)  Whoever  is  disorderly  at  any  election  shall  forfeit  a  sum  not  exceed- 
ing $25. 

(7)  Whoever  bets  or  wagers  any  money,  property  or  other  valuable  thing 
upon  the  result  of  an  election  which  may  be  held  under  the  Constitution  or 
laws  of  this  State,  or  bets  or  wagers  money,  property  or  other  valuable  thing 
upon  the  number  of  votes  which  may  be  given  to  any  person  at  an  election, 


24 

or  upon  who  shall  receive  the  greatest  number  of  votes  at  an  election;  or 
agrees  to  pay  any  other  person  any  money,  property  or  other  valuable  thing, 
in  an  event  that  an  election  shall  result  in  one  way,  or  in  the  event  that 
any  person  shall  or  shall  not  be  elected,  or  shall  receive  a  greater  number  of 
votes  than  others,  upon  conviction  thereof  shall  be  fined  in  a  sum  not  ex- 
ceeding $1,000,  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both,  in  the  discretion  of  the  court. 

If  any  judge  of  an  election  shall  permit  a  person  to  vote  whose  vote  is 
challenged,  without  the  proof  required  in  this  Act;  or, 

Second.  Shall  knowingl-y  and  wilfully  permit  a  person  to  testify  as  a 
witness  contrary  to  the  provisions  of  this  Act;  or, 

Third.  Shall  knowingly  permit  a  person  to  vote  who  is  not  qualified  ac- 
cording to  law;  or  the  same  election  for  the  same  office,  except  as  allowed 
by  law;  or, 

Fourth.  Shall  knowingly  receive  and  count  more  than  one  vote  from  the, 
same  person  at  the  same  election  for  the  same  office,  except  as  allowed  by 
law;  or, 

Fifth.  Shall  refuse  to  receive  the  vote  of  a  qualified  elector  at  such  elec- 
tion, who  will  make  the  affidavit  and  proof  required  by  this  Act;  or, 

Sixth.  Shall  be  guilty  of  any  fraud,  corruption,  partiality  or  manifest  mis- 
behavior; or, 

Seventh.  Shall  open  or  unfold  any  ballot  when  the  same  is  presented  to 
be  deposited  in  the  ballot  box;  or, 

Eighth.  Shall  wilfully  neglect  to  perform  any  of  the  duties  required  of 
him  by  this  Act,  shall,  on  conviction  thereof,  be  deemed  guilty  of  contempt 
of  the  county  court. 

(9)  If  any   clerk  of   an   election   shall    wilfully  neglect   to  perform   any 
duty  required  of  him  as  clerk  of  election,  or  shall  be  guilty  of  fraud,  cor- 
ruption or  misbehavior  as  such  clerk,  he  shall,  on  conviction,  be  fined  in  a 
sum  not  exceeding  $500,  or  imprisoned  in  the  county  jail  not  exceeding  six 
months,  or  both,  in  the  discretion  of  the  court. 

(10)  If  any  judge,  clerk  or  messenger,  after  having  been  deputed  by  the 
judges  of  election  to  carry  the  poll  books,  tally  lists  and  votes  of  such  elec- 
tion to  the  place  where  by  law  they  are  required  to  be  canvassed,  wilfully  or 
negligently  fails  to  deliver  such  poll  books,  tally  lists  or  ballots,  within  the 
time  prescribed  by  law,  with  the  seal  unbroken,  he  shall,  upon  conviction, 
be  fined  in  a  sum  not  exceeding  $500,  or  imprisoned  in  the  county  jail  not 
exceeding  six  months,  or  both,  in  the  discretion  of  the  court. 

(11)  If  the  county  clerk  wilfully  neglects  or  refuses  to  perform  any  duty 
required  of  him  by  this  Act,  he  shall,  upon  conviction,  be  fined  in  a  sum 
not  exceeding  $500,  and  shall  be  liable  to  the  person  injured  by  reason  of 
such  neglect  or  refusal,  in  an  amount  not  exceeding  $500,  to  be  recovered  in 
an  action  on  the  case. 

(12)  If  any  county  clerk  or  justice  of  the  peace  shall  be  guilty  of  fraud, 
corruption  or  misbehavior  in  canvassing  the  votes  or  making  any  abstract 
of  votes  or  issuing  any  certificate  of  election,  he  shall,  on  conviction,  be  fined 
in  any  sum  not  exceeding  $500,  or  imprisoned  in  the  county  jail  not  exceeding 
one  year,  or  both,  in  the  discretion  of  the  court. 

(13)  Whoever  shall  wilfully  and  wrongfully  take  or  carry  away  from  the 
place  where  it  has  been  deposited  for  safe  keeping,  or  deface,  mutilate  or 
change  any  poll  book,  ballot  or  tally  list,  or  any  name  or  figure  therein,  shall 
on  conviction,  be  fined  in  a  sum  not  exceeding  $1,000,  or  imprisoned  in  the 
county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

If  any  judge  of  election,  clerk  or  other  officer  of  election,  of  whom  any  duty 
is  required  in  this  Act,  or  by  the  general  laws  of  this  State,  for  the  omission 
of  which  duty  no  punishment  is  provided,  shall  be  guilty  of  any  wilful 
neglect  of  such  duty  or  of  any  corrupt  or  fraudulent  conduct  or  practice  in 
the  execution  of  the  same,  he  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  misdemeanor  under  this  Act. 


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Any  person  or  member  of  a  board,  or  any  judge  of  election,  clerk  or  other 
officer,  who  is  guilty  of  stealing,  wilfully  and  wrongfully  breaking,  de- 
stroying, mutilating,  defacing,  falsifying  or  unlawfully  removing  or  secret- 
ing, or  detaining  the  whole  or  any  part  of  any  ballot  box  or  receptacle  for 
ballots,  or  any  record,  registry  of  voters,  or  copy  thereof,  oath,  return  or 
statement  of  votes,  certificate,  .poll  list,  or  of  any  paper  or  document  provided 
for  in  this  Act; 

Or  who  shall  fraudulently  make  any  entry,  erasure,  or  alteration  therein, 
except  as  allowed  and  directed  by  the  provisions  of  this  Act,  or  who  per- 
mits^any  other  person  so  to  do,  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  felony  under  this  Act. 

Every  person  who  advises,  procures  or  abets  the  commission  of  any  of  the 
acts  mentioned  in  the  last  preceding  two  paragraphs,  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  felony  under  this  Act. 

If  any  person  knowingly  or  wilfully  shall  obstruct,  hinder  or  assault,  or 
by  bribery,  solicitation  or  otherwise  interfere  with  any  judge  of  election, 
clerk  or  challenger,  in  the  performance  of  any  duty  required  of  him,  or 
which  he  may  be  by  law  authorized  or  permitted  to  perform; 

If  any  person,  knowing  that  he  is  not  qualified  to  vote  at  such  primary 
election,  takes  a  place  in  any  line  of  voters  waiting  to  vote  at  an  election, 
or  if  any  person,  after  having  voted  at  such  election,  takes  a  place  in  such 
waiting  line,  or  if  any  person  repeatedly  takes  a  place  in  such  waiting  line 
without  voting  when  the  opportunity  comes,  and  who  systematically  gives  up 
his  place  in  such  waiting  line,  such  person  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor  under  this  Act. 

If  any  person  shall  commit  any  act  prohibited  herein,  or  refrain  from  doing 
any  act  or  duty  required  to  be  done  herein,  and  if  any  person  shall  in  any 
manner  be  guilty  of  a  violation  of  this  act,  whether  the  same  is  denominated 
an  offense  or  not,  and  for  which  no  punishment  is  herein  specially  pro- 
vided, such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a 
misdemeanor  under  this  Act. 

Any  person  adjudged  guilty  of  an  offense  denominated  a  misdemeanor 
under  this  Act,  shall  be  fined  not  less  than  twenty-five  dollars  ($25)  nor 
more  than  one  thousand  dollars  ($1,000),  or  shall  be  imprisoned  in  the 
county  jail  not  less  than  one  month  nor  more  than  two  years,  or  any  such 
person  may  be  punished  by  both  such  fine  and  imprisonment. 

Any  person  adjudged  guilty  of  an  offense  denominated  a  felony  in  this  Act 
shall  be  punished  by  imprisonment  in  the  penitentiary  for  not  less  than  one 
year  nor  more  than  five  years. 

If  any  person  shall  wilfully  disobey  any  lawful  command  of  any  judge 
of  election,  given  in  the  execution  of  his  duty  as  such,  at  any  such  primary 
election,  he  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misde- 
meanor under  this  Act. 

If,  on  any  day  of  primary  election,  or  during  the  canvass  of  the  votes  cast 
thereat,  any  person  shall  cause  any  breach  of  the  peace  or  be  guilty  of  any 
disorderly  violence,  or  threats  of  violence,  whereby  any  such  election  or  can- 
vass shall  be  impeded  or  hindered,  or  whereby  the  lawful  proceedings  of  any 
judge  of  election  or  clerk,  or  other  officer  of  such  election  or  challenger,  are 
interfered  with,  or  cause  intoxicating  liquors  to  be  brought  or  sent  to  the 
polling  place,  every  such  person  shall,  upon  conviction  thereof,  be  deemed 
guilty  of  a  misdemeanor  under  this  Act. 

Any  person  who  votes  with  a  certain  party  at  such  primary  election,  when 
he  knows  he  is  not  qualified  so  to  vote  under  the  provisions  of  this  Act,  shall, 
upon  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor  under  this  Act. 

Section  62.  In  all  prosecutions  and  in  all  contests  under  this  Act  it  shall 
be  the  duty  of  the  county  clerk  or  of  the  board  of  election  commissioners,  or 
other  officer,  having  the  custody  thereof,  to  produce,  open,  exhibit  and  offer 
in  evidence  any  notice,  ballot  box,  register  book,  bundle  of  ballots,  returns, 
statements,  or  other  documents  or  papers  relating  to  the  particular  prosecu- 
tion or  contest  for  the  purpose  of  enabling  a  full  investigation. 


26 

Section  63.  Irregularities  or  defects  in  the  mode  of  calling,  giving  notice 
of,  convening,  holding  or  conducting  any  primary  election  authorized  by  law 
shall  constitute  no  defense  to  a  prosecution  for  a  violation  of  this  Act.  When 
'an  offense  shall  be  committed  in  relation  to  any  primary  election  an  indict- 
ment for  such  offense  shall  be  sufficient,  if  it  allege  that  such  election  was 
authorized  by  law,  without  stating  the  call  or  notice  of  election  aforesaid,  the 
names  of  the  judges  or  clerks  holding  such  election,  or  the  names  of  the  per- 
sons voted  for  at  such  election.  Judicial  notice  shall  be  taken  of  the  holding 
of  any  election  thereunder  on  any  primary  election  day. 

Section  64.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

Approved  May  23,  1906. 


